Malaysia Case Law: Decisions & Judgments

Topic

Mandatory death penalty abolition (act 846)

Legal area

Court

23 Jan 2026

1. ) TUAN AMIRULDIN BIN TUAN ALI 2. ) ANAS BIN SHAKIR

Citation

RA-45A-18-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

RA-45A-18-12/2022 (Mahkamah Tinggi)

Defendant 1's guilty plea was properly and repeatedly recorded in accordance with CPC requirements; balancing his mitigation (remorse, cooperation, role as carrier) against the extreme gravity and scale of the offence (245,341.2g cannabis) and his dangerous conduct, the court exercised discretion under Act 846 to impose life imprisonment from date of arrest and 15 strokes rather than death.
14 Aug 2023

45A-(05&06)-01/2016 (Mahkamah Tinggi)

Citation

45A-(05&06)-01/2016 (Mahkamah Tinggi)
Court

05&06
Case number

45A-(05&06)-01/2016 (Mahkamah Tinggi)

The Court found the Prosecution proved beyond reasonable doubt that the accused had actual/direct possession and committed the act of carrying/throwing the black plastic bag containing multiple neatly packaged drugs; the defence failed to raise a reasonable doubt on possession and trafficking; the earlier trial judge's acquittal on chemist homogenisation did not ultimately preclude conviction after appellate remittal; on sentencing, in light of Act 846 the Court exercised discretion and imposed life imprisonment and 15 strokes for trafficking (s39B(2)) with other sentences concurrent, finding…
14 Aug 2023

MA-45A-05&06-12/2016 (Mahkamah Tinggi)

Citation

MA-45A-05&06-12/2016 (Mahkamah Tinggi)
Court

High Court
Case number

MA-45A-05&06-12/2016 (Mahkamah Tinggi)

Given Act 846 removed the statutory limits that made death mandatory and in light of the accused's mitigating factors (first offender, young, cooperated, not caught selling, no agent provocateur, acted alone) which outweigh aggravating factors despite substantial quantity, the court exercised its discretion under Section 39B(2) to impose life imprisonment and 15 strokes of whipping; 'life imprisonment' is to be read as 30 years under Section 3 Criminal Justice Act 1953.

Malaysia Case Law

1. ) TUAN AMIRULDIN BIN TUAN ALI 2. ) ANAS BIN SHAKIR

45A-(05&06)-01/2016 (Mahkamah Tinggi)

MA-45A-05&06-12/2016 (Mahkamah Tinggi)